Understanding Wrongful Termination in Calabasas
Wrongful termination occurs when an employer fires an employee for a reason that violates state or federal law, public policy, or an employment contract. Because Calabasas sits within Los Angeles County, claims arising here are filed in Los Angeles County courts, including the Northwest District of the Los Angeles Superior Court. Deadlines under California law are strict, and the strength of a claim often depends on how quickly an employee acts after being let go.
State workplace protections are enforced by the California Civil Rights Department (CRD), which assumed the responsibilities of the former Department of Fair Employment and Housing when it was renamed on July 1, 2022. If you were unlawfully released from your position, contact a Calabasas unlawful termination attorney as soon as possible.
Steps to Take After a Wrongful Termination in Calabasas
The steps you take in the days immediately following termination can shape your case. Document your termination details, save all written communications including emails, texts, termination notices, and performance reviews, and record any complaints or reports you previously filed. Consulting a wrongful termination attorney in Calabasas early matters: once documents are signed or statements are made, legal options can narrow quickly.
California’s Wrongful Termination Laws
California is an at-will employment state, meaning employers may generally end employment for any reason. The critical word is “generally.” At-will employment does not protect an employer who terminates for an unlawful reason. When the motivation behind a firing violates the law or contradicts specific language in an employment contract, that termination can give rise to a wrongful termination claim.
The most common unlawful motivations are discrimination, retaliation, and contract breach. California’s Fair Employment and Housing Act (FEHA) prohibits termination based on protected characteristics including race, religion, gender, pregnancy, age, disability, and national origin. Several California Labor Code sections reinforce those protections: sections 98.6, 1102.5, 232, 232.5, and 6310 each address specific retaliation scenarios involving wage claims, whistleblowing, discussion of workplace conditions, and safety reporting.
Federal law adds another layer of protection. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Family and Medical Leave Act (FMLA) all independently prohibit certain terminations. When an employment contract sets a specified term or attaches conditions to the end of the employment relationship, an employer who ignores those conditions and fires the employee anyway may also face a breach of contract claim.
Damages Recoverable in a California Wrongful Termination Case
California law provides employees who have been wrongfully terminated several avenues to seek compensation. Understanding what may be recoverable helps frame realistic expectations for your claim.
Employees may seek the following categories of damages:
- Lost Wages: Income the employee would have earned from the date of termination through the resolution of the case, including any decrease in earning capacity caused by the unlawful firing.
- Back Pay: Wages the employee would have earned between termination and the date of judgment or settlement.
- Front Pay: Where returning to the prior position isn’t feasible, compensation for future income and benefits the employee stands to lose.
- Benefits: The value of lost health insurance, retirement contributions, stock options, and similar employer-provided benefits.
- Emotional Distress: California recognizes stress, anxiety, and related harm as compensable damages in wrongful termination cases.
- Punitive Damages: In cases of egregious employer conduct, California law may allow additional punitive damages. Unlike Title VII, FEHA imposes no cap on compensatory or punitive damages.
Timeline of a Wrongful Termination Case in Calabasas
Every case is unique, but most wrongful or unlawful termination cases in Calabasas and the greater Los Angeles County area follow a similar sequence:
Key phases of the process:
- Initial Consultation: Meet with a Calabasas wrongful termination attorney to review the facts, timelines, and possible strategies for your claim.
- Investigation and Evidence Gathering: Collect documentation, witness statements, communications, and files that support your claim. Your attorney can help identify the proof needed based on your specific case.
- Filing a Charge with the CRD: For discrimination and retaliation claims under FEHA, you must file an administrative complaint with the California Civil Rights Department (CRD) before a civil lawsuit can proceed. Employees have 3 years from the date of the unlawful act to file with the CRD, a deadline extended by AB 9, effective January 1, 2020. After the CRD issues a right-to-sue letter, you have 1 year to file a civil lawsuit.
- Pre-Litigation Negotiations: Many cases involve attempts to resolve the issue informally with your employer before filing suit.
- Filing a Lawsuit: If negotiation fails, your attorney may file your case in Los Angeles Superior Court. For Calabasas matters, the Van Nuys Courthouse East and Van Nuys Courthouse West handle civil filings in the Northwest District.
- Discovery and Litigation: Both sides exchange information, conduct depositions, and attend court hearings leading up to a potential trial.
- Resolution: Most cases settle before reaching a verdict. If not, the case proceeds to trial.
The full process can range from several months to more than a year, depending on complexity, the parties’ willingness to negotiate, and the court’s schedule.
Ready to speak with an unlawful termination lawyer in Calabasas? Connect with us online or call (866) 400-4450 to schedule your free initial consultation.
Constructive Wrongful Termination
Not every wrongful termination involves a formal firing. Constructive wrongful termination occurs when an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign, leaving the employee with no real choice but to leave. California law recognizes this situation: if conditions or treatment are so severe that a reasonable person couldn’t continue working in that environment, the employee may quit and seek damages for lost wages.
Can You Quit & Sue After an Incident?
California case law doesn’t allow an employee to simply quit after an isolated incident and immediately file a lawsuit. Employees are expected to use whatever internal reporting mechanisms are available to try to resolve the situation before resigning. Failing to attempt a remedy before quitting may prevent an employee from pursuing their claim.
If an employee has complained, requested relief, and nothing has changed (or conditions have worsened), they may quit and seek compensation for lost wages. All complaints and efforts to obtain relief should be documented carefully.
Employees who have suffered unlawful conduct based on a protected classification, such as discrimination or harassment, must file a complaint with the California Civil Rights Department (CRD) within 3 years of the conduct (Gov. Code section 12960, as amended by AB 9, effective January 1, 2020), or they may lose the right to pursue legal action. After the CRD issues a right-to-sue letter, the employee has 1 year to file a civil lawsuit.
The Real Cost of Wrongful Termination
Losing a job unlawfully doesn’t just disrupt income. It can end health coverage overnight, halt retirement contributions, and eliminate benefits that took years to build. The financial strain is immediate. So is the emotional toll: stress, anxiety, and the erosion of professional confidence are recognized harms under California law, and employees don’t have to absorb them without recourse.
- Severe financial impact: Immediate loss of income and, in some cases, difficulty finding new employment
- Loss of benefits: Health insurance, retirement contributions, or stock options may suddenly end
- Emotional distress: Stress, anxiety, and depression stemming from the circumstances of termination are compensable harms
- Damaged career momentum: Discriminatory or retaliatory terminations can harm professional reputation and make it harder to move forward
We represent employees and consumers exclusively and have never taken the side of a large corporation in litigation. That commitment shapes how we approach every case. Our attorneys can help you seek compensation for lost earnings and emotional distress while keeping you informed at every stage.
Why Choose Gaines & Gaines, APLC for Wrongful Termination in Calabasas
At Gaines & Gaines, APLC, our attorneys advocate exclusively for employees and consumers. Whether you were unlawfully terminated or felt forced to resign due to intolerable conditions, we can help you build a case for damages and lost wages. We handle individual wrongful termination claims as well as complex employment class actions, and our results in class action matters include settlements of $3,003,000, $2,500,000, $2,475,000, $2,200,000, $1,199,000, and $1,100,000.
Here is what sets our Calabasas wrongful termination attorneys apart:
- Over 50 years of California employment law experience: We bring decades of courtroom knowledge to every case we handle.
- Exclusive focus on employees and consumers: We don’t represent large corporations, so your interests are never in conflict with ours.
- Client-focused communication: We provide transparent updates and timely answers throughout the legal process.
- Los Angeles County court familiarity: Our attorneys regularly handle matters in Los Angeles County courts, including cases arising in Calabasas.
Call (866) 400-4450 or schedule a consultation with Gaines & Gaines, APLC online to discuss your next steps with a wrongful termination attorney in Calabasas.
